By-law B-201 - Halifax Regional Municipality

HALIFAX REGIONAL MUNICIPALITY
BY-LAW NUMBER B-201
RESPECTING THE BUILDING CODE
BE IT ENACTED by the Council of the Halifax Regional Municipality under the authority of the
Building Code Act as follows:
1. This By-law shall be known as “By-law B-201" and shall be cited as the “Building By-
Law”.
Definitions
2. (1) Unless otherwise defined herein, definitions contained in the Building Code Act, Nova
Scotia Building Code Regulations, and Nova Scotia Building Code also apply to this By-law.
(2) In this By-law
(a) “Authority having Jurisdiction” means any person appointed as a Building
Inspector by the Council of the Halifax Regional Municipality;
(b) “Core area” means that portion of the Halifax Regional Municipality for
which the Municipality has assumed responsibility for maintenance of public streets
and is more particularly described in Agreement No. HRM-01 between the Halifax
Regional Municipality and the Minister of Transportation & Public Works which
became effective on June 24, 1996;
(c) “Temporary Building” means a building, or part thereof, which because of
its nature will exist for a specified period of time as set out in the occupancy permit,
and includes a tent, a portable office, and any other building referred to in 1.4.1.12.(1)
of the Nova Scotia Building Code Regulations.
Application
3. This bylaw shall apply to the entire Halifax Regional Municipality.
Building Permit Application
4. (1) In addition to the requirements in the Nova Scotia Building Code Regulations, an
application for a building permit shall include plans as set forth in:

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(a) Appendix-A: Residential projects, except decks and accessory buildings, up to
and including four units,
(b) Appendix-B: Leasehold improvements or alterations,
(c) Appendix-C: New commercial/industrial and multi-tenant residential projects,
(d) Appendix-D: Fences exceeding 6.5 feet (2m) in height
(2) Permit fees shall be paid as prescribed in Bylaw F-200.
(3) The Municipality may at its discretion, refuse to accept or process any application for
which the required plans, information or fees have not been submitted.
(4) No permit shall be issued until the appropriate fees have been paid.
(5) Where an application has not been approved within 6 months after the application has
been made, the application shall be canceled and 75% of any fees paid shall be refunded.
(6) The Halifax Regional Municipality is exempt from the payment of building permit fees.
Demolition Permits
5. (1) An application for a Demolition Permit shall include proof of $2 million public liability
insurance coverage.
(2) The proof of liability insurance coverage may be waived for the demolition of a single
unit dwelling, a semi-detached dwelling and any buildings accessory thereto.
(3) An application for a demolition permit shall include a description of the location or
locations where the demolition debris will be disposed.
(4) Immediately following demolition, the owner shall clean the property and remove all
debris or other material to ensure the site conforms to Part XIII of the Halifax Regional
Municipality Act.
Building Permits
6. (1) A building permit may be withheld until the Building Inspector is satisfied that the
provisions of the Planning Act, any regulations or bylaws enacted pursuant thereto including any
Land Use Bylaw or Subdivision bylaw, the Heritage Property Act and any regulations or bylaws
enacted pursuant thereto, any Lot Grading By-law or applicable Development Agreement have
been complied with.
(2) A building permit is valid for a period of 2 years from the date of issue.

(3) If within 2 years of the date of issue,
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(a) no work has taken place, the building permit shall be canceled and 75% of the
original fee paid shall be refunded; or
(b) where the work has commenced but not been completed, a new application
shall be completed and a fee paid based on the value of the work to be completed.
(4) In addition to the requirements in the Nova Scotia Building Code Regulations, a
building permit shall be obtained for:
(a) a change of use or tenant in buildings of other than residential occupancy,
regardless of the extent of construction being undertaken;
(b) creation of additional units.
Occupancy Permits
7. (1) An occupancy permit is not required for any building or occupancy in existence
prior to the coming into effect of the Nova Scotia Building Code Act, as shown on the assessment
record for the property as of April 1, 1987.
(2) An occupancy permit shall not be issued for any building or part thereof unless a
valid building permit is in effect.
(3) Except for a change of a residential tenant, no person shall occupy a building after
a change of use or tenant, including any change in the number of either commercial or residential
units, without first obtaining an occupancy permit.
(4) An occupancy permit may be withheld until the Municipality is satisfied that the
provisions of the Planning Act, any regulations or bylaws enacted pursuant thereto including any
Land Use Bylaw or Subdivision bylaw, the Heritage Property Act and any regulations or bylaws
enacted pursuant thereto, any Lot Grading bylaw, Streets bylaw or applicable Development
Agreement have been complied with.
Occupancy Permits for Temporary Buildings
8. (1) A temporary building located within the core area shall not be occupied or used
unless an occupancy permit therefore is first obtained.
(2) An occupancy permit for a temporary building shall not be issued for a period of
more than 1 year, shall not be renewed, nor shall a second permit for a temporary building on the
same property be issued until a period of 30 days has elapsed following the expiration of any
previous occupancy permit for a temporary building.

(3) A temporary building shall be removed immediately upon expiration of the
occupancy permit.
(4) An occupancy permit required by subsection (2) shall be issued provided that no
unsafe condition exists with respect health and life safety.
Location Certificates
9. (1) A location certificate shall be provided for every new building except a building
which is accessory to a single unit dwelling, semi-detached dwelling, or townhouse.
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(2) The authority having jurisdiction may require a location certificate for additions or
accessory buildings where the proposed construction is within 10 feet of the property line in order
to be satisfied that the construction complies with the provisions of the Land-use bylaw and
Building Code.
(3) A location certificate may be waived by the building inspector for a building
outside the serviceable area where the lot area is greater than three acres.
(4) Unless stated on the building permit, the location certificate must be approved
before a foundation inspection will be carried out and any framing is permitted to take place
above the foundation.
Fences
10. (1) No person shall erect a fence more than 6.5 feet in height without first obtaining a
permit therefore.
(2) Where a fence for which a permit is required separates a property containing a
residential use from another property, the permit application shall be approved by the local
Community Council.
(3) The municipality shall serve notice on the adjacent property owners at least 14 days
in advance of the meeting of the local Community Council, at which time, the public may speak to
the application.
(4) If approved by Community Council, the permit shall be issued by the authority
having jurisdiction within five business days.
Inspections
11. In addition to any inspections specified on the building permit, the owner shall notify the
authority having jurisdiction to inspect work outside the scope of Part 9 of the Code for
compliance with the Code at the following stages of construction:
(a)
once the foundation is placed, but before commencement of the superstructure

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(b)
(c)
at the framing stage, once all services have been roughed in, but before interior
wall covers have been installed; and
once the work is complete, but before occupancy.
12. A foundation inspection will not be carried out until the location certificate, where
required, has been approved by both the Development Officer and the Building Inspector and
where required, the Development Engineer.
13. Where a mandatory inspection is requested and the work is not ready for said inspection,
or violations are noted which require a reinspection, the Inspector will perform one reinspection
per mandatory inspection at no charge. Where more than one reinspection is required, the owner
shall be subject to a re-inspection fee as prescribed in Bylaw F-200, the Fees Bylaw, for each
subsequent inspection.
14. Any fees incurred under Section 13 shall be paid before the occupancy permit is issued.
Site Conditions
15. No person shall bury any garbage or similar debris on a construction site.
16. An owner of a property shall ensure that excavations undertaken during freezing conditions
are protected from freezing before, during and after the placement of concrete.
Repeal
City of Halifax By-law 131, the Building Code Ordinance; City of Dartmouth By-laws B-100 and
101; Town of Bedford By-law 26103; and Halifax County Municipality Building By-law No. 23
and Occupancy Permit Bylaw No.25 are hereby repealed. and 101; Town of Bedford By-law
26103; and Halifax County Municipality Building By-law No. 23 and Occupancy Permit Bylaw
No.25 are hereby repealed.
Done and passed by Council this 14 th day of April, 1998.
Mayor
Municipal Clerk
I, Vi Carmichael, Municipal Clerk for the Halifax Regional Municipality, hereby certify that the
above-noted by-law was passed at a meeting of the Halifax Regional Council held April 14, 1998.
Vi Carmichael, Municipal Clerk

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Appendix A
Building Plans
Minimum Required Information for Building Permit Applications for
Single, Two Unit and Townhouses up to 4 Units
The Provincial Building Code Regulations require that a Building Permit Application be accompanied by
building plans and specifications. Therefore, three (3) copies of the following information must be
submitted, along with a Building Permit Application, in order to be considered for review. Plans, which
may be hand drawn, should also be drawn to scale.
1. Plot Plans - A plot plan shall show the footprint of the proposed building, and any projections such
as decks, roof overhangs and doorsteps. The plot plan shall also include setback dimensions from
adjacent property and street lines. If the property is located in an area where a "Lot Grading By-law" is in
affect (usually areas serviced with Municipal sewer, storm sewer and water), then the Plot Plan shall
also show proposed finished grade elevations and be prepared by a professional surveyor or engineer..
2. Floor Plans - A floor plan shall show the interior layout of each floor of the proposed building
including:
(a) all rooms labelled and showing dimensions;
(b) the location of all plumbing and electrical fixtures;
(c) the size, spacing and span of framing members; and
(d) the location and size of all exterior steps, decks, stairs, etc.
(e) the total square footage of each floor, and the total square footage of the proposed
building.
3. Detailed Notes - Detailed written notes on all heating, ventilation or other mechanical systems.
4. Building Elevations - Building elevations shall show the dimensions of all sides of the structure and
including grade, size, location and dimensions of all windows.
5. Cross Sections - A typical cross section shall be taken through an exterior wall from the footing to
the roof and show:
(a) the footing and foundation wall size;
(b) the floor assembly construction;
(c) the wall assembly construction; and
(d) the roof assembly construction.
Compliance: It is the responsibility of the builder to ensure that all construction complies with the
requirements of the Provincial Building Code. If submitted plans do not contain adequate information
to enable staff to accurately assess a project, revisions may be required before a Building Permit is
issued.

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Appendix B
Leasehold Plans
Minimum Required Information for Building Permit Applications for
Commercial/Industrial leaseholds and alterations
The Provincial Building Code Regulations require that a Building Permit Application be accompanied by
building plans and specifications. Therefore, three (3) copies of the following information must be
submitted, along with a Building Permit Application, in order to be considered for review. Plans, which
may be hand drawn, should also be drawn to scale.
1. Floor Plans - A floor plan must show the interior layout of each floor of the proposed suite including:
(a) all rooms labelled and showing dimensions including exit doors and their direction of swing;
(b) the location of all plumbing and electrical fixtures, including exit and emergency lighting;
(c) the size, spacing and span of framing members;
(d) the location and size of all furniture such as counters, and shelving.
(e) the occupancy of adjacent suites; and
(f) the total square footage of each floor area, and the total square footage of the proposed
suite.
2. Detailed Notes - Detailed written notes on all heating, ventilation or other mechanical systems.
3. Sprinkler - Alterations to an existing sprinkler system must be accompanied by a Field review of
Construction Inspection Commitment Certificate.
4. Cross Sections - A typical cross section must be taken through a wall from the floor to the roof and
show:
(a) the floor assembly construction, if more than 1 level;
(b) the wall assembly construction, including fire resistance rating;
(c) any other details required by the Authority Having Jurisdiction.
5. Structural - Any structural alterations falling outside the scope of Part 9 of the Code must be
accompanied by a Field review of Construction Inspection Commitment Certificate.
6. Mechanical and Electrical - Depending on the size and scope of work, Field review of Construction
Inspection Commitment Certificates may be required for these disciplines as well
.
Compliance: It is the responsibility of the builder to ensure that all construction complies with the
requirements of the Provincial Building Code. If submitted plans do not contain adequate information
to enable staff to accurately assess a project, revisions may be required before a Building Permit is
issued.

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Appendix C
Building Plans
Minimum Required Information for Building Permit Applications for
New Commercial and Multi-Unit Residential Buildings
The Provincial Building Code Regulations require that a Building Permit Application be accompanied by
building plans and specifications. Therefore, three (5) copies of the following information must be
submitted, along with a Building Permit Application, in order to be considered for review. Plans, which
may be hand drawn, shall be drawn to scale.
1. Plot Plans- A plot plan must show the footprint of the proposed building, and any projections
such as decks, roof overhangs and doorsteps. The plot plan shall also include setback dimensions from
adjacent property and street lines and proposed finished grade elevations.
2. Floor Plans- A floor plan must show the interior layout of each floor of the proposed building
including:
(a) all rooms labeled and showing dimensions;
(b) the location of all plumbing and electrical fixtures;
(c) the size, spacing and span of framing members; and
(d) the location and size of all exterior steps , decks, stairs, etc.
3. Detailed Drawings- Where a building or part thereof falls within the scope of part 4 of the
Code detailed drawings are required from the appropriate professional bearing his registered stamp,
signature and Letter of Undertaking specified in Schedule “A” of the Building Code Regulations.
4. Building Elevations- Building elevations must show the dimensions of all sides of the
structure and including grade, size, location and dimensions of all windows.
5. Cross Sections-A typical cross section must be taken through an exterior wall from the
footing to the roof and show:
(a) the footing and foundation wall size;
(b) the floor assembly construction;
(c) the wall assembly construction; and
(d) the roof assembly construction.
Compliance: It is the responsibility of the builder to ensure that all construction complies with the
requirements of the Provincial Building Code. If submitted plans do not contain adequate information
to enable staff to accurately assess a project, revisions may be required before a Building Permit is
issued.

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Appendix D
Fence Plans
Minimum Required Information for
Building Permit Applications for Fences
The Halifax Regional Municipality Building By-law requires that a Building Permit Application for a fence
be accompanied by plans and specifications. Therefore, three (3) copies of the following information
must be submitted, along with a Building Permit Application, in order to be considered for review. Plans,
which may be hand drawn, should also be drawn to scale.
1. Plot Plans - In addition to the subject property, a plot plan must show all properties adjacent to the
subject property and should include the following information:
a) the location of all buildings;
b) the location of the proposed fence, including the height at 8' intervals;
c) the location and condition of vegetation such as trees, shrubs, flowers, etc;
2. Construction Details - Complete construction details of the proposed fence including a Professional
Architect’s or Engineer’s design.
3. Additional Information- The authority having jurisdiction may request additional information due to
the location of the fence and adjacent properties.
Compliance: It is the responsibility of the applicant to provide enough information for Community
Council to make a determination as to the appropriateness of the proposed fence. Should sufficient
information not be provided, the processing of the application may be delayed.

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BY-LAW B-201
Notice of Motion: February 10, 1998
First Reading February 24, 1998
“Notice of Intent” Publication: April 4, 1998
Second Reading: April 14, 1998
Third Reading: April 14, 1998
Approval of Minister of Housing & Municipal Affairs:
N/A
Effective Date: April 18, 1998